Michelle Delaney v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Michelle Delaney filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination she received on October 19, 2021. She further alleged that her symptoms persisted for more than six months.

The respondent, the Secretary of Health and Human Services, conceded that Petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent confirmed that Petitioner had no prior history of shoulder issues, that pain occurred within 48 hours after vaccination, was limited to the injection shoulder, and no other condition explained the pain.

The respondent also agreed that the residual effects persisted for more than six months. Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation.

Subsequently, the parties stipulated to an award of $46,870.00, consisting of $46,000.00 for pain and suffering and $870.00 for past unreimbursable expenses. The court awarded this lump sum payment to Michelle Delaney.